After the divorce, the legal bond between wife and husband does not stop until the divorce certificate is issued from the court, there are rights that must be obtained and must be maintained by each, especially for the wife, among the rights of a wife after divorce is child custody. or Child Care Rights which usually can also involve the role of an additional parent, namely Grandparents, you can get more information through grandparents custody rights of grandchildren in oklahoma
Children’s Rights Or Care Of Children.
Child custody rights or child custody rights are the rights to care for children, care for and educate children to adulthood or to be able to stand alone in other words, the party who gets custody of children means that they will live together with the child.
Provisions Concerning The Care Or Maintenance Of Children
Children who are not yet 12 years old or have not reached the age of maturity have the right of the mother to care for him, if the mother has passed away then his position is replaced by:
- Women in a straight line up from the mother’s side (Grandmother’s maternal side),
- Woman in a straight line up from the father (Grandmother on the father’s side),
- The sister of the child concerned,
- Blood relatives of women according to the side line of the mother (aunt / aunt from the mother’s side),
For children who are over 12 years old, it is up to the child to choose between father or mother as the holder of custody. if there is a dispute regarding the control of the child, the court will decide, according to the legal facts.
What are the conditions for obtaining custody of children?
In general, the things that the judge will take into account in determining child custody are as follows:
- Behavior, whether the parent is a drunkard, gambler, or even a molester.
- Attention to children.
- Economic capability.
For those who are religious, even though the Law Compilation states that children who are not yet 12 years old or children who are not yet mature, automatically their custody falls to the mother, but there are several things that can make the mother not get the right to care, namely:
- Acting as laborers, such as drunks, gamblers, drug addicts, or even abusers.
- Experiencing mental disorders.
How To Apply For Child Rights?
You can apply for child custody or child care to the Religious Court or the District Court where the divorce was originally initiated. You can come directly to the Legal Aid Center to consult in advance for making a Child Custody Application.
Loss Of Currency Or Rights To Care Of Children.
Parents who get custody of children can be deprived of their rights if the caretaker neglects their obligations towards the child, and commits bad deeds such as drunkenness, gambling, becoming drug addicts, and even molesting them.